← Cases

National Bank of Canada v. Retail Clerks’ International Union et al.

[1984] 1 SCR 269 Court SCC Decision date 1984-05-03 Docket 17019 English

PartiesNational Bank of Canada Appellant·Retail Clerks’ International Union Respondent·Canada Labour Relations Board Respondent

Counsel (6)
Robert Monette and John Coleman, for the appellant.
Hélène LeBel and Janet Cleveland, for the respondent the Retail Clerks’ International Union.
Michel Robert, Q.C., and Luc Martineau, for the respondent the Canada Labour Relations Board.
Solicitors for the appellant: Ogilvy, Renault, Montreal.
Solicitors for the respondent the Retail Clerks’ International Union: Rivest, Castiglio, Castiglio, LeBel & Schmidt, Montreal.
Solicitors for the respondent the Canada Labour Relations Board: Robert, Dansereau & Associés, Montreal.

Judges Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Decision Majority (7) · Judgment of the Court

On appeal from Federal Court of Appeal

Subjects Labour law

Contents

Majority

English version of the judgment of the Court delivered by

Judgment of the Court

to provide the union immediately with an updated list of the names, addresses and telephone numbers of all the employees in the bargaining unit, to provide the same information on the arrival of any new employee and to update the said lists as changes are made;
to allow the union to hold meetings with the members of the bargaining unit during working hours, without any loss of salary or other benefits; the Union may choose to hold these meetings, which shall last a maximum of one hour each, on branch premises in the staff room or on premises outside the branch but, in any case, without the presence of the employer’s representatives; they shall be held before or after the hours when the branch is open to clients, at the Union’s preference; the Union shall give the employer twenty-four hours’ advance notice of the meeting; however, the Union shall hold these meetings no more than once per week during the first two months following publication of the instant decision and then once per month until one of the following occurs: the conclusion of a collective agreement, a legal strike

[Page 284]

or lockout or the revocation of the certification certificate;
allow a Union representative free access to the branch for the purposes of installing a bulletin board in the staff room and posting union literature and notices.
…
to pay the Union all the reasonable costs it will incur in organizing and holding the meetings mentioned in No. 2, and the costs of installing the bulletin board mentioned in No. 3.
…
to send, within thirty (30) days of the instant decision, a letter bearing the Bank’s letterhead and reproducing the text in Appendix A of the instant decision, under the signature of its president and chief executive officer, to all its employees including management personnel at their home addresses. No addition to or deletion from the said text shall be made, nor shall any other document be mailed in the same envelope. The Board will provide the employer with an English translation of Appendix A in the near future.
…
to deposit a sum of $48,000 per year in a trust fund for the next three years as of the date of the instant decision, this representing a total amount of $144,000 in addition to any interest accruing thereto. This fund shall be administered jointly by the Union and the employer, which will be its trustees, and it shall be used to further the objectives of the Code, as set out in the preamble to Part V, among Bank employees who do not perform management functions or are not employed in a confidential capacity in matters relating to industrial relations. Each amount of $48,000 shall be used in the year following its deposit. The employer and the Union have two months as of the date of the instant decision to present to the Board for its approval a joint plan setting out the terms and conditions for the administration of the trust fund and the use of the funds.